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act of state doctrine

The act of state doctrine is a court-made (common law) doctrine that prohibits U.S. courts from judging the validity of the official acts of a foreign country that take place within that foreign country's borders.

In Tennessee, as in other U.S. states, the act of state doctrine is recognized as a principle of federal common law rather than state statute. This doctrine holds that U.S. courts will generally not examine or question the validity of public acts performed by a recognized foreign sovereign within its own territory. The rationale behind this doctrine is to avoid conflict with other nations that could arise from the perceived interference of U.S. courts in their internal affairs. While the act of state doctrine is a federal doctrine, it applies to both federal and state courts, including those in Tennessee. However, the doctrine is not absolute and can be subject to certain exceptions, such as when a U.S. statute or treaty explicitly contradicts the foreign state's act, or when the foreign act is in violation of international law.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Civil litigation

act of state doctrine

Articles